Maximizing Interests Through Negotiation Leadership in the Trial Courts/District Court Philip L. Lee...
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![Page 1: Maximizing Interests Through Negotiation Leadership in the Trial Courts/District Court Philip L. Lee Results Leadership Group, LLC .](https://reader036.fdocuments.in/reader036/viewer/2022083005/56649f225503460f94c3ae79/html5/thumbnails/1.jpg)
![Page 2: Maximizing Interests Through Negotiation Leadership in the Trial Courts/District Court Philip L. Lee Results Leadership Group, LLC .](https://reader036.fdocuments.in/reader036/viewer/2022083005/56649f225503460f94c3ae79/html5/thumbnails/2.jpg)
Maximizing Maximizing Interests ThroughInterests Through
NegotiationNegotiation
Leadership in the Trial Courts/District CourtLeadership in the Trial Courts/District Court
Philip L. LeeResults Leadership Group, LLC
www.ResultsLeadership.org& University of Maryland School of Public Policy
![Page 3: Maximizing Interests Through Negotiation Leadership in the Trial Courts/District Court Philip L. Lee Results Leadership Group, LLC .](https://reader036.fdocuments.in/reader036/viewer/2022083005/56649f225503460f94c3ae79/html5/thumbnails/3.jpg)
Key Elements of Interest-Based Negotiation
From Getting to Yes, by Fischer, et. al., and materials developed by Conflict Management Group, Inc
1. Identify Interests
2. Generate Options to maximize interests
3. Apply Criteria where needed
Team Conversation
“Grow the Pie”
“Divide the Pie”
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What is a Successful Negotiation? (Elements of Interest-Based Negotiation)
The agreement or result achieved:
1) Identifies and satisfies interests: Ours, well Theirs, acceptably Others, tolerably
2) Leaves no joint gains on the table: is among the best of
many options (i.e., maximizes interests)
3) Is legitimate -- parties view the outcome as fair and
sensible as measured by criteriaFrom Getting to Yes, by Fischer, et. al., and materials developed by Conflict Management Group, Inc.
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Key Elements of Interest-Based Negotiation
BATNA Commitment
From Getting to Yes, by Fischer, et. al., and materials developed by Conflict Management Group, Inc
1. Identify Interests
2. Generate Options to maximize interests
3. Apply Criteria where needed
Team Conversation
Desired Relationships
Efficient Communication
“Grow the Pie”
“Divide the Pie”
![Page 6: Maximizing Interests Through Negotiation Leadership in the Trial Courts/District Court Philip L. Lee Results Leadership Group, LLC .](https://reader036.fdocuments.in/reader036/viewer/2022083005/56649f225503460f94c3ae79/html5/thumbnails/6.jpg)
What is a Successful Negotiation? (The Seven Elements of Interest-Based
Negotiation) (continued)
The agreement or result achieved:
4) Includes commitments that are well planned, realistic, and operational
5) Is better than our BATNA - Our Best Alternative to a Negotiated Agreement
6) The process is efficient – there is effective communication
7) The process helps build the kind of relationship we want
From Getting to Yes, by Fischer, et. al., and materials developed by Conflict Management Group, Inc.
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Key Elements of Interest-Based Negotiation
BATNA Commitment
From Getting to Yes, by Fischer, et. al., and materials developed by Conflict Management Group, Inc
1. Identify Interests
2. Generate Options to maximize interests
3. Apply Criteria where needed
Team Conversation
Desired Relationships
Efficient Communication
“Grow the Pie”
“Divide the Pie”
![Page 8: Maximizing Interests Through Negotiation Leadership in the Trial Courts/District Court Philip L. Lee Results Leadership Group, LLC .](https://reader036.fdocuments.in/reader036/viewer/2022083005/56649f225503460f94c3ae79/html5/thumbnails/8.jpg)
Positions vs. Interests
Position: One party’s solution to an issue
Interest: One party’s concern about an issueIssue: Plans for Friday evening.
Person A’s position: I want to go to Chez Pierre Restaurant and then go see the movie Rocky VI I.
Person A’s interests: ____________________ Person B’s position: I want to have your roast lamb for dinner and watch the Terps play basketball on T.V.Person B’s interests: ____________________
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Positions vs. Interests
Position: One party’s solution to an issue
Interest: One party’s concern about an issueIssue: Time for weekly administrative
meeting.Person A’s position: I have changed the time of our weekly meeting to 8:00 a.m.
Person A’s interests: ____________________ Person B’s position: You cannot require me to come to work before 9:00 a.m.Person B’s interests: ____________________
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Court Administrative Team:Maximizing Interests (Option 1)
1. Identify issues that you might want to address
2. For one issue, identify the interests of
(a) each team member and (b) any other significant
parties/stakeholders
3. Generate options to maximize/better satisfy those interests
4. Bonus step: For other stakeholders, what is their BATNA?
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Court Administrative Team:Maximizing Interests (Option 2)
1. Identify an interest or interests (individual or shared) you would like to maximize or better satisfy
2. Generate options to maximize/better satisfy the interest(s)
3. As you consider each option, identify any other parties/stakeholders who have interests that are in possible conflict with the option. Where you identify conflicting interests, generate another option that will acceptably satisfy that conflicting interest.
4. Bonus step: For each other party/stakeholder, what is the party/stakeholder’s BATNA?
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Negotiation AnalysisParty Interests Options
(connect to interests)
BATNA
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Negotiation AnalysisParty Interests Options
(connect to interests)
BATNA
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Element Description Guidelines Preparation Success
•Underlie positions
•Agreement is better to the extent it meets the interests of the parties
Clarify Interests, not positions:
•Ask why? Why Not?
•Look for interests that are shared
•Capitalize on different interests
•What are our interests?
•What are their interests?
•What is their Currently Perceived Choice? A problem or an answer?
The agreement satisfies interests:
Ours, well
Theirs, acceptably
Others, tolerably
•The full range of possibilities
•Can agreement be better for one party without being worse for another?
Invent Options for mutual gain:
•Separate inventing from deciding
•Generate options through brainstorming - No evaluation - No commitment - No attribution
•Can we invent more possible agreements?
•Can we change their choice?
•Can we separate inventing from deciding?
The agreement leaves no joint gains on the table: it is the best among many options
From Getting to Yes, by Fischer, et. al., and materials developed by Conflict Management Group, Inc
Opt
ions
Inte
rest
s
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Element Description Guidelines Preparation Success
•If agreement is not reached
•Self-help: Does not require the agreement of the other party
•Agreement should exceed BATNA
Know your Best Alternative To a Negotiated Agreement (BATNA):
•Evaluate their BATNA?
•Reality-Test both BATNAs
•What’s our BATNA?
•Can we improve it?
•What is theirs?
•Can we worsen it? Legitimately?
The agreement is better than our BATNA
•Fair as measured by external benchmark
•Criterion or principle beyond the simple will of either party
•Such external standards of fairness include intl. law, precedent, standards, or principles, i.e. reciprocity
Use Objective Criteria to help evaluate options:
•Ask Why is it fair?
•Look to fair procedures
•Use the test of reciprocity
•Are we using objective criteria?
•Criteria that will appeal to them?
•To third parties?
The agreement is legitimate - parties view the outcome as fair and sensible as measured by criteria
From Getting to Yes, by Fischer, et. al., and materials developed by Conflict Management Group, Inc
Crit
eria
(Leg
itim
acy)
Alte
rnat
ives
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Element Description Guidelines Preparation Success
•Parties have improved their ability to work together rather than damage it
•Ability to deal with differences
•Are the parties better/worse to deal with future differences
Separate people from the problem:
•Deal with the Relationship & the substance, each on their own merits
•Attack the problem, not the people
•Can we improve the interaction?
•More concerned/softer on the people?
•More rigorous/harder on the problem?
•Should we consult before deciding?
The process helps build the kind of relationship we want
•Outcome reached efficiently without waste of time or effort
•Effective two-way communication
Facilitate good two-way Communication:
•Listen
•Balance advocacy with inquiry: explain our reasoning -Inquire into theirs
•Frame what we say in light of what they say
•Are we listening?
•Are we open to persuasion? (Or not?)
•Do they know it?
The process is efficient - there is effective communication
From Getting to Yes, by Fischer, et. al., and materials developed by Conflict Management Group, Inc
Com
mun
icat
ion
R
elat
ions
hip
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Element Description Guidelines Preparation Success
•Agreements between the parties as to actions they are to take over time
Make Commitments at the end of the process:
•Talk first, decide later
•Think of how, as well as what
•No commitments until interests and options are fully explored
•What realistic commitments come next?
•Are they credible?
•Yesable?
•Compliance-prone?
The agreement includes commitments that are planned, realistic, and operational
From Getting to Yes, by Fischer, et. al., and materials developed by Conflict Management Group, Inc
C
omm
itmen
ts
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The “Soft or Hard” DilemmaSoft on
EverythingHard on
EverythingConsider
Have to talk Don’t have to talk Evaluate in terms of BATNAs in each case
Insist on maintaining relationship
Insist on acceptance of our position
Deal with relationship & substance, but
separately (soft on people, hard on
problem)
Open with a reasonable
position
Open with an extreme position
Don’t focus on positions, clarify
interests
Concede generously
Concede stubbornly Separate brainstorming from
decision-making
Focus on what we will do; make
offers
Clarify what we won’t do; make
threats
Maximize legitimacy; seek criteria
persuasive to themFrom Getting to Yes, by Fischer, et. al., and materials developed by Conflict Management Group, Inc
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Books on Books on Interest Based NegotiationInterest Based Negotiation
• Getting to Yes, Roger Fisher and William Ury (1981)
• Getting Together, Roger Fisher and Scott Brown (1988)
• Getting Past No, William Ury (1991)• Difficult Conversations, Douglas Stone,
Bruce Patton, and Sheila Heen (1991)• Getting Ready to Negotiate, Roger Fisher
and Danny Ertel (1995)• Getting It Done: How to Lead When
You’re Not in Charge, Fisher and Sharp, 1999